Trustee Blog

Judge Yun and Contributions Part 4

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Judge Yun continued his analysis in his chapter 13 case discussing contribution declarations:

1. Contributions by Boyfriend

In the present case, the Debtor has failed to provide sufficient evidence to persuade the court that the contributions from Boyfriend meet the requirements to establish feasibility. First, the only evidence submitted regarding Boyfriend’s relationship to the Debtor and his motivation to make the contributions merely indicates that he lives with the Debtor. Boyfriend Decl. ¶ 1. Counsel’s representations at the confirmation hearing that Boyfriend ...

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Judge Yun and Contributions Part 3

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As we continue Judge Yun’s Discussion of Contributions in chapter 13:

III. DISCUSSION A. Feasibility

The Debtor’s Plan is only feasible if her income includes the $700.00 monthly contribution from Boyfriend or Mother because the Debtor’s own take-home income of $4,300.00 is insufficient to meet even her regular monthly expenses of $4,510.00. In order for a chapter 13 plan to be confirmed, a debtor must demonstrate that she “will be able to make all payments under the plan and to comply with ...

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Judge Yun and Contribution Declarations: Part two

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This is Judge Yun discussion on why he does not accept contribution declarations:

I. PROCEDURAL BACKGROUND

The Debtor originally filed her bankruptcy case under chapter 7, and the chapter 7 trustee’s Report of No Distribution was entered on October 9, 2014. Rather than obtaining a discharge under chapter 7, the Debtor subsequently filed a motion seeking conversion of her case to chapter 13, which the court granted. Debtor’s Mot. to Convert Case, ECF No. 14; Order on Debtor’s Mot. to Convert Case, ...

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Judge Yun and Contribution Declaration

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Recently Riverside Bankruptcy Judge Yun had a chapter 13 case in which the Debtor could not make all the plan payment by herself. She had to have contribution from family or friend in order to come up with the monthly plan payment. This is a normal occurrence in the Central District of California.

Judge Yun though, issued an opinion in which he held that the debtor was not entailed to file a  chapter 13 plan since she did not have enough ...

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installment loans Bankruptcy Information Sheet

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As we have said in previous posts, ask your client to read the US Trustee’s Information Sheet. The green form. If your client has not read it, then chapter 7 trustee Mr. Frealy places you client at the end of the line. This form is in English, Spanish and many other languages. http://www.woolieewe.com/approved-cash-advance.html

What you might not know is that in the hearing room, the trustee has a white booklet that has the bankruptcy information in several ...

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Bankruptcy Trustees and Internet Searches

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The other day on the Chapter 7 Trustee Howard Grobstein, the United States Trustee’s representative asked a debtor about a house that he may have owned.

Debtor said that he used to own the property but he transferred it. The UST rep. said she searched on the public data bases and that he was still the owner. This house was not listed in the petition. Trustee Grobstein then asked for more information on this transfer.

Later in the hearing, Trustee asked if ...

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Meet with your clients

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Today on Riverside Trustee Robert Whitmore’s calendar the US Trustee Interviewed a pro se debtor who had his petition prepared by an attorney. The attorney charged more than the “pro se” petition preparers rate of $200.00.

The US Trustee’s representative asked if the debtor had met with the attorney. The debtor said “no”. Mr. Whitmore then asked if the debtor had talked to the debtor over the phone? The Debtor said “no”. The US Trustee’s representative closed his investigation for the ...

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Chapter 13 Claims Objection and Stripped Lien

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Recently Judge Houle ruled on a claims objection in Chapter 13. I relay his comments from his tentative. The issue revolved around whether a second mortgage that had not been paid on for over four years, may also be disallowed for violating the California Statute of limitations.

Debtor stripped the second and the second mortgage filed an unsecured claim, but in the claim it said that debtors had not made a payment in over four years before the filing of the ...

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Chapter 7 Trustee know their cases

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In previous posts we have talked about the Chapter 7 Trustee’s Handbook. Here is the first part of the handbook which the overview of the Chapter 7 Trustee program:

“Although this Handbook is not intended to be a complete statutory reference, the trustee’s primary statutory duties are set forth in part in section 704 of the Bankruptcy Code and are detailed more thoroughly in other parts of this Handbook. A chapter 7 trustee must be personally involved in carrying out the ...

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Continued Meetings of Creditors in Riverside

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From time to time a meeting of creditors for bankruptcy examinations must be continued for various reason: either the debtor did not appear or the attorney did not appear or the trustee wants more information or the United States Trustee wants more time to complete it investigation.

If the Trustee continues a matter, he or she must comply with the rules in the “Chapter 7 Trustee’s Handbook” issued by the United States Trustee. The following is from the handbook:

“Any ...

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